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Full text of "A full account of the trial of James Suiter, Sen., William Suiter, Jun., & James Suiter, Jun. for the murder of Living Lane [microform] : with portraits of the three individuals and an account of the execution of William Suiter, and their three declarations"

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A FULL A€€Oin»V 

or THS 

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lAMES SUITER, Sen., WILLIAM SUI- 

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^iii TER, Jun., & JAMES SUITER, Jun. 



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FOR THE 

MURDER 

,. ■ OP ,- > ., 

LIVIJyG LAJVE. ' 

•..;;>■ -A ^' WITH 

PORTBAITS 

OF THE THREE INDIVIDUALS; 

AND AN 

ACCOVIVT OF THE EXEGVTIOIV 

■ OP 

WHfLUM. SUITER, 



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• • • . . • 



ND THl?IB.THR)E:TEDS(5tARA:'riONS, 



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APRIL. 1834. 






P920.9 

SyM. 39 Q- 




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PREFACE. 



I 



The unfortunate individuals who are the principal actors in 
the events recorded in the ensuing sheets are natives of Ire* 
land. They emigr.ited from the property called Oartena> 
moyngh, two miles from Garragh, and ten from Coleraine in th« 
County of Derry, and arrived at Quebec in July 1880. It was 
intended by the publisher of this Pamphlet to have given an 
account of the settlement, &c. but ihe narrative given in the de* 
claratiun of James Suiter, iScnr. is so full and explicit, that 
«uch account is entirely obviated. It will be observed that an 
entirely different aspect is given to the case from that which 
was given to it by the evidence on the trial, and much sympa* 
thy has been excited in the public mind in consequence. Much 
duubt cannot exist as to the truth of these declarations, as they 
were written by Failier and Son when under the full impres- 
sion that ihfy were going to suffer the |)enalty of the lavif. 
The reprieve was not made known unto them till about a quar- 
terofan rour before the execution of William Suiter took place. 
Much d.scussion on this matter has taken place in the public 
prints, which cannot be belter elucidated than by the following 
article extracted from Mr. Neilson's Quebec Gazette of 4ilt 
April 1834. 

" III looking back to the communication signed " Several 
of your Readers" we perceive that it is insinuated t|,iat the 
Agent of the Seigniory of St. Sylvesire (Mr.Wickstead) had gi- 
ven the Suitors a location ticket or deed of land of which Lane 
had deeds. This is we believe untrue. At any rate the in- 
sinuation, wiMioui giving any proof, was malicious and base, 
and it was only because the circumstance escaped us that it 
found insertion. 

We know, however, that tht're is an opinion prevalent that 
the Suiters conceived and aflinned that they had a fair claim 
^o the land which Lane was settling upon at the time of the mur- 
jiler ; and this might have been explained without refer- 
ence to any individuals more than ni.ust neces'iarily be the case. 
Tile question has an important bearing. Much animosity and 
frequents collision have occurred in Settlements thinly popuhi- 



57383 



ted, and at long distances from Courts and Magistrates, in con 
sequence of misunderstandings arising from promises of land, 
which is held for the period of settlement duties, often on ver- 
bal or imfilied grounds, and even more regularly on a mere lo- 
cation ticket, on conditions to be performed, and afterwards 
decided upon by the granter, and which location ticket, not 
being regularly passed before a Notary, is not legally enregis- 
tered, and may be contested on various grounds. The new 
value given to the land by the labour of the settler, becomes 
also a new motive to contest the promise. 

The law on this subject ought to undergo a revision, the 
Ughti of all parties be better established, and regulated by 
known forms. 

With respect to the case of the Suitors, Lane had deeds of 
the land they claimed ; and their Council not having brought 
thp question before the Court on the late trial, there is a 
strong presumption that he could not establish their right, 
since it was a fair subject of reference to the Jury. Under 
these circumstances, we must close all discussion in this paper 
on the subject, but we trust that nothing to the prejudice of 
either party will be said iu other newspa|)trs." 

Thus we have endeavoured to tiive a view of both sides o^ 
the question, and with the Editor of the Gazette, will drop 
ilirther discussion on the subject, leaving it to the public to 
form their own opinions on the question. 

It will be observed that some irregularity exists in the spel- 
ling of the name of these individualsi^ Suiter^ it appears, from 
their own signatures, is the proper orthography of the name, 
while during the whole course of the discussiou, trial, &c. U 
was writtCD Shuier, 

Quebec, 5th April, 18M. 



: I » J. . m 




I 




ii^s^s', 



TRIAL, &c. 



COURT OF KING'S BENCH FOR THE DISTRICT OF 

QUEBEC. 

CRIMINAL TERM. — Marcli, 1834-, 



T, 



Thursday, 27th 3Iareh. 



HIS being the day appointed for tlie trial of the Suiters, 
the Court was crowded to excess an hour before the proceed- 
ings commenced. The |)iisoner8 wjro undaunted counte- 
nances, more particularly the two younger Suiters : the fa- 
ther took notes of the proceedings and was in frequent con- 
versation with his counsel, F. C. Aylwin, Esq. Having de- 
manded an English Jury and the panel nut comprising more 
than four persons who were acquainted with the English lan- 
guage, eight persons were taken from among the spectators by 
the Sheriff to complete the Jury. 

About half past nine o'clock the Honorable Chief Justice 
Sewell and the Hon. Justice Panet took their seats en the 
Bench. 

James Suiter the elder, William Suiter the younger, md 
James Suiter the youngor, were then placed at the bar, char- 
ged with the murder of Living Lane in the Parish of St. Syl- 
vestre, Seigniory of St. Giles, County of Lotbini^re, on the 
6th December last. 

The following gentlemen were sworn in as Jurors ; Messrs. 
Thomas Hunter, foreman ; Horatio Carwcli ; John Macpher- 
son ; James Birch ; William Robinson ; John Martin : John 
Parker; Maurice Fewar ; James Wright; William White- 
ford ; Thomas Brown ; Joseph Maloney. 

The Attorney General then proceeded to open the case anrf 
addressed himself to the Jury. Befuro he entered into the 
particulars of this melancholy transaction, he would beg of 
them, nowthey had assumed the office of Jurors, to lay aside alF 
impressions which might have been made on their minds by pri- 



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vale convnriuilon or nrtlcltfs in tho public prints. Tlieir duty 
towunli tiieinsclvt's and the prisoners was to render their ver- 
<iict upon itio evid«.'ncR which wuuld be produced to them. Tho 
rriniii which tiio prisuners stiuvl charged with, is the foulest in 
flu? lung (■iitiilo<i;u(% nanu>]v, that of murder, a crime every 
whrre puiiislicd with duatli, on tho authority of thu Divinu 
law itself, lio statt^d this to tiiom in order to shew that if the 
prisunirrs wiiere foinid jjuilty they could expect no mercy at 
Dk* hiinds of till) Kin;r's r('pro<!cntativo in this Province, lie 
now wotiM procDfd to detail sonio of tho circumstances of tho 
4M<«i>. Express or ponsitivo malice in tho commission of the 
deed, woulii he; fciircd ho proved too plainly against tho prison- 
trr^. ilo (lid not wish to press against tho life of the unfortu- 
p-'iUf iridivicUiiils at the bar, more than a mere recital of facts, 
but it was his boundiMi duty to cull forth witnesses and avenge 
ihi' blood of an innucont mnn. 'I'he unfortunate deceased, 
Living Lani>, had resided at St. Giles for a period of a year or 
two ; jho prisoners liad also bi-en residing there for some time. 
Lhuo had obtained permission to go upon No. S.and afterwards 
obtained a location ticket. On the evening of the 5jh Decem- 
ber, he engaged one Uiissel to assist him in clearing the land 
and building bis rosidunce. Doth llussel and himself agreed 
to .stop on the uroniid all night and slt>c[> there in order to have 
a long day. They had commenced working the next morning 
tvlifn tho prisoiu'is at the bar nuide their appearance, and were 
^borlly aftor followed by two other individuals, Robert and 
l>.ivid Suiter, who were included in this indictment but with- 
<i?i»wii by the finding of the Grand Jury. Lane was seated 
on a spruce log, ;in<i Ilu'^sol was opposite working at a log 
J; .'..i-o which tlioy had brgiiii. The three prisoners led by the 
<»ld man proceeded directly to the side on which the deceased 
»ar ; tliey addressed him, and one of tiiem bid him marche-donc 
and i\\\\\ the land. The elder Shuter said also " quit tho land 
or I'ii blow vo:i to ht.'ll." Rossel will tell vou that he did not 
.M.'i? tic ISiiit* IS fire, but lu^ heard old Suiter cock his gun 
a.'rd immediately alter heard tlie report and saw Lane fall. 
iJ'.jssel anxious to obtain their assistancj? in relieving Lane, told 
liie,>i (m; was jK>t rnncli hint ; doubtless also he was apprehen- 
hive that if he told tlioni Lane was mortally wounded, he would 
have shaiel tho same fate. Tiie first individual whom Kussel 
i.vKi iifier he liad goiic in quest of assistance, will tell you that 
vA\M\,\ h,' came up to tho deceased he said to him, " 1 am sorry 
to ;eo yo,» v. > lu y." Tlij deceased an»wered him, and said ho 
inJ bee)> shi! by oil livAwr and one of his sons who had both 



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0(1 simull.ineouiily. 1I« would wind tip his lenwaks hy oiu 
nerving that the ixvo others iiic equally citlpHhlo with the 0119 
who firod. It will bo for yuu tu distinguisli hctwftn tlir <ri- 
niinality or innocence of the whole. Ii will be for you nu I ;« 
most painful duty it is to find them ;.niilty if ihe proot isynHi. 
cient. If on the contrary they can exlenriatu tlx'ir couiIim t, 
4iod let it bo so, but it must be rocollecied that we are CHlK>d 
upon to avenge tho blood ol an innocent man, and no ftlso 
ientiineut of pity, can justify you in acquitting thum, if Uio 
evidence is decidedly against them. 

The witnesses were all confined in a room and called out :i!i 
their evidence was required. The first witness on the par( 
of the Crown was Hugh ilussel, v. '.10 being sworn said, (le re- 
Aided in December last at JNIr. I'ulkers, in tlvj Parish of Si. 
Giles. Had known tho deceased fur about six weeks, the pri- 
Jioner by sight for about two years. Had worked a inonili for 
deceased, and was going to commence anew on the Gih Dereni- 
bor on lot No. 8, in the Parish of ^t. (iilus. On tht> .*> h 
went to work with tho deceased, and slept on the pround ilt;it 
night. There was a small clearance on the lot, and (it ccusi d 
bad hired him to help him in raising a hut. Rose in the nioriiii:<<j 
about day«light, took breakfast and connnenced working. il^iJ 
been from ten to twenty minutes at work when James Siiiter, 
Senr. Wm. Suiter, Junr. and James Suiter, Jiinr. made iliijir 
appearance, and shortly after two other persons raine up« 
James Suiter, Senr. and James Suiter, Junr. had guns in dieir 
hands. William Suiter, Junr. had a bayonet attached to somit 
staff. Thinks it was the old man who led the way ; thcj weiu 
walking one behind the other. When they airived wiinvsH 
was opposite to deceased, close to tho door way of the liut| 
which was between twelve and foiirte(!n fetU square, and tineo 
logs high. Prisoners placed themstdves in front of the hut, 
on the same side as witness, a;id faced towards tiie deceavMil, 
with their arms still in their hands. Does not recollect wiu^- 
ther witness or prisoners spoke first, but the first word sail 
was *' good morning.'* James Suiter, Senr asked deceased 
what authority he had to be there ; deceased answered he haj 
^^uthority from Mr. Wickstead, that he had buiiizlit the land and 
wished to hold it. Old Suiter and William Suiter, Junr, or- 
dered him olT and bid him 7narche-do7tc. Some (uriher <'oiv> 
vcrsation ensued, during .which deceased snld '* I sha'nt po"; 
deceased made use of no nuiiry words. Durin'^ the ronver- 
»ation which old Suiter had with deceasi d, ho f a:c:.' !i";..<:'f 
t>n u log opposite to deceased, with the gun act o;.:^ ;.,3 Lui.i/, 






nil 
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Saw old 6uit«r take off his tuitions, and make a motion ai if 
he wai going to rock liin (;un. When lie made tliis motion 
aaid, to best of witness' recolleciion, *' if you don't bo off I'll 
blow yo'i to hell,'* upon wliicli old Suiter rose and stepped 
back. About lliis time d«;rcHscd sat down on ono of the logs 
of the hut he liad been chopping, with his left side towards 
Suiter. Wlien the elder iSuiier stepped back he got out of 
witness' sight, and then he could not see either of the prisoners; 
and from ono to three minutes after, witness heard the report 
of a gun close to him. Immediately after the report, witness 
.saw deceased fall to tho ground, and cry murder. Witness 
then ran to deceased, lifted him up, and put him on the place 
where they had slept during the night. As witness found some 
difliculty in lifting deceased, he called on the prisoners for as- 
sistance, thfy delayed a little, and went off without rendering 
assistance, or giviug witness any answer. Witness made the 
deceased as cunifortahie us he could, went in quest of assis- 
tance, and passed the prisoners, when ho again asked them for 
assistai ce. One of the prisoners gave him for answer, ** I 
suppose not." After that witness went to the house of Patrick 
Gehardy, informed him of what had happened, and went along 
for fuither assistance. Witness did not go back to the de- 
ceased, but saw him again, when the others were carrying him 
on a hand-oarrow to IVlr. Felker's house, about a mile distant 
from where he had been fired at. Witness went into Felker's 
house, and there attended on the deceased, and remained with 
him until his death, which took place about three o'clock, P. 
M. Deceased always said " Icannot live," " How can I live," 
*• I must die." Deceased was a married man, with a family ; 
from t\ irty to forty years of age ; liis family resided at Felker's 
farm. Never heard the prisoner^, before 5th December, ex- 
press themselves as to any intention with regard to what they 
would do if any person took | ossession of the land which they 
called theirs. On the evening before 5th December, witness 
met William Suiter, who asked him if he was going to work 
fot* Living Lane. Upon witness saying he was. Suiter told 
him that some trouble would follow, and he would be in danger 
of the law, or words to that purpose. Witness saw Lane dead, 
but was not [iresent at the doctor's examination of the body. 

Cross-examined by Mr. Aylwin. — ^Felker was running lines 
for witness about the 4th December. Had lived with Felker 
previous to this. Had only known deceased for about six 
weeks. Has been living at St. Sylvestre for three years. Be- 
lieves (he $aUers were settled there before he came. There 



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kr« bix Or invon of tlio Suiters retiding at St. Sylvoitr««' 
Heard that n latr suit had taken place belweoo Folker and the 
Ki. iters. Shiitcr pcrsuHdcd witness not to go to deceased oa 
accuunl of ihu dan^ur to bu apprehended. There was a small 
clunruiicu oil dfcrasudN land, and a small house built on it 
about 100 fvut distant from propoi^ed hut of deceased. It wai 
genurnlly known that the Suiters had worked oa this clearancoi 
but witness could not say it belonged to them. A month be* 
lure the murder was comniittod deceased had engaged witness 
to work for him. Witness had told deceased something about 
the Suiters laying claim to tho land. The reason for sleeping 
out all night, was that they might make a longday of itt Dv* 
ceased told Shuter ho would keep the land till he was compeU 
led to leave it by law. Old Suitor spoke loud and angry, and 
deceased altt'ays answered him in some manner. Deceased 
had an axe in his hand, which he might have lifted against Sui<* 
ter, but witness did not see him do so. Is well persuaded that 
deceased was sitting down when he received the shot. Heard 
but the report of unn gun. Did not observe tho position in 
which the Suiters held their guns at the time the report was 
heard. Distinctly saw old Suiiei pull his mitteus olT. Told 
the Suiters he did not think the deceased was much hurt. It 
was after witness told them this that they left the ground. 
Sometimes persons travel with guns in their hands. 

Examined anew by Attorney General. — Witness* reason for 
stating that deceased was nut much hurt, was that he was ap- 
prehensive if ho said deceased was mortally hurr, he would 
share his fate. 

Questioned by one of the Jurors.— ^The two persons who 
came up witness understood their names to be Robt. and 
David Suiter. 

Mr. William Colclough sworn. — Is a surgeon, residing at 
Leeds, seven or eight miles distant from Lane's place. 

He was going along Craig's Road on the 5th December, in a 
dilTerent direction from St. Sylvestre, when he was informed 
by a lad, that a man had been shot at St. Sylvestre. He was 
afterwards called by the Coroner to hold a post mortem eia- 
niination on the body of Living Lane. The body, which 
was then frozen, was in a good state of preservation. I» per* 
forming his duly, found that a wound had been inflicted en 
the left side, by a leaden bullet, which had entered close to 
the fourth rib, and passed through the muscles of the back bone* 
The left arm was sprinkled with small shot, and a few wervr 
found near tho hip whore the bullet had entered. Had nv 

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doubt the wound was tht cause of the man*8 (toath. He open- 
ed the abdomen, which appeared to be that of a strong heal* 
thy man. 

Cross-examined by Mr. Aylwin. — The wound had the ap- 
pearance of being too clean to be caused by small shot. Did 
not think the wound had been caused by a cohesion of small 
shot. Wound appeared to have been caused by the discharge 
of one gun. The small shot had so much the same direction 
as the bullet, that he inferred they had both been discharged at 
the same time. 

In answer to a question put by the Attorney-General, wit- 
ness said, it was possible that the wounds inflicted by the 
small shot and bullet were produced by two guns being fired 
at the same time. 

Dr. Lyons sworn. — Considered that death would be produ- 
ced by the wounds described by Dr. Colclough. 

William M'Grath sworn. — Resided at St. Sylvestre in De- 
cember last, and knew Living Lane and the prisoners. On 
the 5th December, about sun-rise, he was met by Hugh Rus- 
sel, in Concession No. 1, St. Frederick's, who appeared to be 
very much agitated, and said Suitor had shot Mr. Lane. 
Russel told witness to take some covering to Lane, as he was 
likely to freeze. Witness went with another person having a 
blanket with him, to Lane, who was lying down with his head 
leaning on his arm. Lane shook hands with witness, and 
witness told him he was sorry to see him so low. Witness 
asked him how he came by his wound, and he said, old 
Suiter and young Suiter had both fired at him at the same 
time. Witness asked how many there were of them, and 
Lane said there were five. Two other persons came up, 
when they made a hand-barrow, and carried him to Felker's. 
Did not see Lane again, till the Coroner's inquest was held 
upon him. Does not know how long Lane had been there. 

Cross-examined by Mr. Aylwin. — Does not know whe- 
ther Lane, when he said that the two Suiters had fired at him, 
was apprehensive of dying. Witness had asked Lane whe- 
ther he was wounded in more places than his arm, and he 
said he had a charge in the small of his back. Witness has 
beer living for some time at St. Sylvestre, and believes that 
' Suiter made part of the clearance, and Felker another part. 
Never heard any thing against the character of the Suiters. 

James Hagan sworn. — Lived at St. Sylvestre, next neigh- 
bour to last witness. In Deer, last was called upon by him to 
go to the assistance of Living Lane who had been shot. 



I 

I 



MM! 



iHliii 



11 



Found the deceased lying On his aid*. iSaw him make a mo* 
tion to give his hand to M'Garth. M'G. said he was sorry td 
see him lying so low, and asked him who had shot him ; Lane 
said it was old Suiter and one of his sons, who had both fucd 
at the same time. Dec( <):"( d showed M'Garth th« wound on 
his arm, and on M^Garth remarking that it would not signify 
much, deceased said he hau iiituLher charge in tha small of his 
back. He appeared to witness to be apprehensive of dying, 
as he was moaning, and praying to the Lord to have mercy on 
him. Michael Kerr and Patrick Gaherty came up after this. 
M'Garth went away to make a barrow; and during his absence, 
Robert and David Suiter came jp. About three days pre- 
vious, William Suiter had come to witness' house, and wit- 
ness asked him how it would go between Lane and his father; 
Suiter said he did not know, bui that who^jver came there 
might bring his sheet and collm with him. Witness swore to 
W iliiam Suitet at the bar. 

After putting Lane on the barrow, they carried him on it, 
and stopped at a house on the road to warm him, and after- 
wards proceeded to Felkers. No accident happened oa the 
road. 

Cross-examined by Mr. Aylwin, — Knew, by the talk of 
the neigbours, that Lane had got a deed of the land. Witness 
knew that Thomas Suiter had worked on the land and had 
taken two corps from it. 

David Felker — has lived in St. Sylvestre 11 years — known 
prisoners for 3 years. Witness was not at home when Living 
Lane was brought to his house, but came home afler, about 
2 o'clock. Lane was alive at that time, but appeared to be in 
great suffering and was hardly able to speak ; witness asked 
him who had shot him, and he said the Suiters, and about 
a minute after he said he could not live many minutes. Wit^ 
ness seized his gun to go in pursuit of the Suiters, when de- 
ceased said, ♦' for God's sake don't shoot them dead." Witness 
brought back Wm. Suiter and said to him " William I'm sorry 
for you, I did not think you had so hard a heart as to murder 
a man in cold blood." Suiter said it could not be helped, he 
did not mean to murder him, he only wanted to wound. Wit- 
ness said to him, I don't see how you could miss when you 
hud such a charge in the gun, viz : a whole handful of shot and 
a ball. Suiter answered that he had nothing but a ball in his 
gun. — vVitnesstheo said of course there must have been ano- 
ther shot ; Suiter answered, Oh I its bad enough, say no more 
ahout itt 



n 



M, : 



n! 



ill: 



lin 



1 j 



Cro9s-ex. by Mr. Aylwia. Is the same person who was in- 
dicted for an assault on Thomas Suiter. James Suiter had no 
interest in the prosecution that witness knc\i of. Had also a 
law suit against Thomas Suiter and his father, for trespassing 
on the land. Suiters had threatened witness with shooting him 
several limes ; upon which witness said that if he met them in 
the woods armed, and he thought they meant to shoot him, he 
would shoot them in his own defence. None of the b uiter fa- 
mily ever said to witness that they laid claim to the land. Has 
made application for a warrant against the two Suiters against 
whom no bill has been found, because he was apprehensive 
they would burn the buildings in his absence. A variety of 
other questions were put the witness by Mr. Aylwin. 

Jean Joseph Reny, is a Notary residing at Ste. Marie N. B. 
Passed a deed of sale between Felker and Lane on the 6th 
Nov., 1833, which was produced. Was travelling in those 
parts some years since, when old Suiter shewed the road to 
him. 

The Attorney General here said he would close the case, 
but if the council for the prisoners brought forward any extra- 
neous evidence, he would be prepared to meet it by other 
witnesses. 

James Suiter, senr. then made his defence, and said he had 
a title from Mr. Wickstead, and that David Felker had been 
always persecuting him and his family. He made a great ma- 
ny assertions with respect to his good character, and the hard 
work which he had gone through in supporting himself and 
family, but nothing in justification of the murder. 

Wm. Suiter, junr. said a few wcrds, and hoped the Court and 
Jury would give him fair play with David Felker. 



DEFE]V€E. 

Mr. Aylwin brought forward witnesses on the part of th« 
prisoners. 

David Suiter, sworn.— There is a trifling relationship be- 
tween the prisoners at the bar and witness. Eighteen persons 
of the Suiter family lived at St. Sylvcstre. Had occasion to 
pass over the lot on the day Lane was shot, on some busi- 
ness respecting a bridge, James Suiter, sr. was overseer of 
the bridge — heard old Suiter disputing with Lane, they were 
talking loud, and he went to see what was the matter. When 
witness came up, old Suiter was bidding Lane to marche doncj. 



IS 



in (he Kin;r^s name, from his land. Lane answered that he 
had paid £15 for the land, and he would keep it and stop on 
it this winter, and let Suiter take the law. Lane stood on a log 
witli an axe in his hand ; old Suiter was sitting on a log in the 
h)i^ and when Lane f aid this he drew hack out of the hut. 
Lane said 1*U let yo:i go lu the law, nmi that very soon. As 
the old man drew back, witness heard the report of the gun. 
Witness could see the old man's gun, and swore positively it 
was not his which caused the report. Old Suiter had his gun 
in an ohiiquc direction with the muzzle pointed upwards, and 
while he held it in that position, witness heard the report. 1 
Kaw two guns, there was only one gun discharged ; the old 
man had one and his son Willum the other. Could not say 
how Wm. Suiter held his gun. Witness had heard persons 
chopping in the night on the land where Lane was. 

Cross-ez. by Attorney General. James Suiter and Gehar- 
dy summoned him to go to the bridge. Can hear the report of 
a gun at the distance of a ^ of a mile through a thick bush. 
Can not swear the report of an axe was heard that night ; he 
only heard so. James Suiter, junr. had a bayonet in his hand 
—it was not for bridge building. Prisoners offered no assistance 
to the deceased ; cannot say whether Russel asked them for 
assistance : had been suffering from a fever which affected his 
«ye-sight and hearing, but swore positively he neither saw 
the old man cock his gun, nor heard him discharge it. 

Robert Suiter, was then sworn — Is a nephew of old Suitor. 
Knows the lot of land, the clearance of it was made by old Sui- 
ter. Was going to assist in building a bridge on the 6th De- 
cember, and in order to gel to it, ho had to pass over this lot of 
land, and on coming near the place, he heard a number of 
persons quarrelling. — He heard old Suiter tell Lane to martht 
done in the King's name ; Lane said he would stop there this 
winter ; and old Suiter said he would not allow him to stop 
there and rob him of his property. When witness came up 
Lane was standing with an axe in his hand ; old Suiter was 
«tanding also, but sat down a short time after with his feet in- 
side the hul. James Suiter, Senr., had a gun his hand. Lane 
was stepping forward with an axe in his hand, cutting bran- 
ches off one of the shanty logs. When Lane advanced, old 
Suitei got up and came out of the shanty. When Suiter came 
out. Lane was standing with one foot on a log and the axe in 
his hand. Immediately after, witness heard the report of a 
gun, — only one. William Suitor had a gun which witness 
supposed was discharged. The old man's guu was uot dis- 



iii 



Mm 



U 



\ 8 



11 !' 
■ •I: >' 






charged, a> the muzzle was down low. (David S. swore it 
was pointed upwards.) 

Cross-ex. by llie Attorney General. Never saw the clear- 
ance, and does not know who made it. He was in the clear* 
aiice when h« heard the noise, which alarmed him as ho 
thought persons where wrangling. Deceased was standing 
listening to the prisoners ; deceased was rough in his speech* 
Heard old Suitor say that if Lane would not go away, he would 
blow him into the air— -could not distinguish exactly whether it 
was hell or not — thinks it was air. Deceased never came in* 
side the hut. Old Suiter retreated live or six feet. David 
8ttiter was eight or ten feet to the right of the old man. James 
Suiter was behind the old man with a bayonet in his hand* 
James never told witness his gun was loaded with ball. In- 
stantly after Lane said he would stop there this winter, witness 
heard the report of the gun. AH walked off and left Lane in 
charge of Russell. 

William M'VVilliams — has known the prisoners for twenty 
years befor* they came to this country. They always bore a 
good character in Ireland. 

Samuel Foregrave, — resides at St. Sylvestre, and has known 
the prisoners there and in Ireland ; never heard anything 
against them. 

John Sheridan,— resides at St. Sylvestre and has seen old 
Suiter working on the land in 1831 — there was a clearing done 
sn that time and since— a house was built also by the Suiters. 
He gave them a good character. 

Anthony Anderson, Esq., gave the prisoners a good cha- 
tacter. 

Paul Lcpper, Esq. gave James Suiter a good character. 

Jantes Hougins gave the prisoners a good character. 

John Kerr — was one of the witnesses at a trial between Fel- 
ker and the prisoners, respecting lot No. 8. It was No. 8. 
that Lane was killed upon. 

Cross-examined by the Attorney General. — Suspects it was 
old Suiter built the house. Saw Living Lane when he was 
carried on a barrow, he appeared to be in a dying state, and 
said it was old Suiter who had shot him. 

The case closed here, and the Hon. Chief Justice proceeded 
to sum up the evidence, and addressed himself to the Jury as 
follows : 

The prisoners at the bar stand charged with an indictment 
for murder, the highest of crimes. There is a distinction how- 
ever madu in the law of England, that is to say it is divided 



k/r 



15 



into classes, Murder and Manslaughter and it is to tliesc tiro 
j)oints ve shall have to direct our Httention. 

Murder is where a man in his right senses slnys another 
with malice aforethought, that it is with a dispositiuu to kill 
and being in the full enjoyment of his senses. When an intii- 
vidual forms a premeditated design it is railed malice, but 
there are many other instances in which malice is implied by 
the law. When a person cairies a deadly weapon such as it 
gun with him and indicts death without suflicient provocation. 
The law of England makes this distinction, that where a man 
has sufficient provocation, where the blood is in a frenzy of 
passion, the crime comes to that of Manslaughter. Instancci 
of this occur daily, as in a fight for instance where blow after 
blow is given and each party is striving to injure the otiier n» 
much as possible, some unlucky blow is given by which death 
«nsues. This is what the law calls manslaughter ; but if du* 
ring the contest one of the parties should draw a dagger or 
other deadly weapon and use it, it would bctokeu a nialiguant 
disposition and as such would bo Murder. 

Now, Gentlemen, in this case a defence is set up which eii' 
deavours to shew that the prisoners had sufRcient piovocatioa 
and it will be necessary for me to say a few words respecting 
this defence before we proceed further. The defence set up 
is this : that the prisoners had 3 or 4 years ago obtained 
from the Seigneur of St. Giles certain lots of land ; they had 
effected certain improvements therein under the cognizance 
of the Seigneur, and that when Lane came to take possci^siori, 
thev resolved to turn him off l>v foul or fair means, as tiiev 
considered him a trespasser. Our books are filled with precjo 
dents on this point. Where the trespass is against the [nn- 
pcrty of another, law does not permit the injured party to 
make use of murderous weapons. If in turning ofif the tr^s* 
passer a murderous weapon is used and death ensues, it ^vili lut 
Murder; but if in turning him off by fair means and a fight 
should ensue in which tho trespasser should happen to receive 
an unlucky blow which kills him, it is only Manslaughter. 

Admitting the whole of what the prisoners have said: 
adoiitting that Lai>e became a trespasser on tlwsir (>ropcr« 
ty^they had no right to use murderous weapons. It would be 
matter of very serious enquiry for you to ascertain what were 
the motives which induced the individual to fire the gun. If 
they sat out with a dangerous weapon with tho intent of kiN 
ling Lane, it will be murder in every sense of the word ; if on 
th» contrary you believe tho last witnesses brought up, and 



16 



il 



ll»at William Suiter fircfd the gun, because ft'0 conceived tfiur 
life of the old man to be in danger, it will be man- 
slaughter. It is for you, Gentlemen, te decide upon it, and f 
fceg you will keep tliese remarks continually in your minds 
while reflecting on (lie evidence which I dhall now read over* 
to you. 

^he learned Chief Justice then read over the evidence a» 
we have above given it. He then continued his remarks a» 
follows ; I am not aware that it is necessary to take up your 
time much longer^ but there are one or two points to which 
I would direct your attention. It is very evident that me^ 
naces were made by old Suiter, but it is not so plain that her 
fired. It is true the dying man declared that he did, but he 
might have been mistaken. It is very evident it must have* 
been fired by some one, and it matters not who ftred it : the 
prisoners are all equally guilty if it was fired by one of them 
In the language of a celebrated criminal Judge in England, the 
finger ot every one present is upon the trigger of the pistol 
when fired. 

The Jury then retired at about half past six, and the Court 
having waited for about an hour for their verdiit adjourned 
until half past eight, at which time it met again and the Jury 
entered to ask some questions, the principal of which was to* 
ascertain if it could be proved positively that two guns werer 
fired. Tlie answers they received not being sufficiently ex« 
plicit to elucidate their dou.. , they could not come to a deci-' 
sion. They were \n consequence remanded to the Albion 
Hotel, until Saturday morning at eight o'clock, as the Court 
did not sii the next day, it being Good Fiiday. 

Saturday f March 29« 
This moriring ?t little after nine o'clock, the Jury came inta 
Court and delivered their verdict in the usual fornf, pronouncing 
the three prisoners Guilty, but recommending t<he feather. 
Suiter, senior, and his youngest son James Suiter, to Mercy.^ 
Mr. Aylwin as counseV for the prisoners took an< objection' to 
the Indictment, as being informal, the murder being charged 
as having taken pkice in the Parish of St<^ Sylvestre-, and thetv 
being no such parish.- The objection was overuled,» and the* 
learned Judge proceeded, in* the most impressive manner, to* 
pass the awful sentence of the law on the unhappy culprits,^ 
addressing them as follows : 

Jamet Suiter, theeldery William SuiUr, Jam»$ SuUtPfiUv 
younger. 



17 



If 



After a long and very impartial trial, in which every at- 
lenipt has been made by your Counsel and by the Jury to res- 
cue you froui the convictiou <if murder, you h.ive bet-n found 
Guilty — Guiliy of the higln^st offrnce in the black catalopue 
of huniau depravity — of the wilful death of a ft'llow creature, 
by malice aforethoiiglit, of oun living in ti .aniesociftj' with 
yourselves ; guilty of no oflence aijaiust _^ ..u, but an honrst 
endeavouier on his part to provide fur himself and family— 
coniniitied against the possessor of the property which waste 
furnish his family and himsell with the means of subsistence, 
you having at the same time property of your own, and he be- 
ing proprietor of tho lot on which this unfortunate event oc- 
curred. The crime cf murder, almost from the commence- 
ment of time, has bee ' declared by God himself to call for the 
blood of the murderei. He has been pleased by that infinite 
justice that sees the proprii'ty of every thing to say, " who- 
soever sheddeth man's blood by man shall his blood be shed.'* 
Every civil society has passed this into their Code of Crimi- 
nal Jurisprudence in obedience, to the Word of God, and ii^ 
obedience to the sense of self preservation, regarding tint man, 
who can be so totally insensible to his duty towards Ids fel- 
low creatuie as to occasion his death as too dangerous a Qian to, 
exist any longer in society, and who for the safety of society 
it is indispensably necessary to remove. Your conduct has 
been aggravated by the circumstances to which I have alluded, 
and if 1 have alluded to them at this moment, f r be it from me 
to mean it as a reproach to you. He nmst be insensible to 
your situation and totally devoid of evei:y sense of feeling who 
iloes not enter into all your thoughts at this moment, and feel 
for you as fellow Christian ; far be it therefore from me to en- 
large upon this now as a matter of reproach against you. I 
urge it in this place, in order to hold you up as an example to 
others. 1 have the preservation of society committed to meat 
this moment, as far as the important duty I have to discharge 
can prevail for that purpose ; and in order to draw the atten- 
tion of every one of this numerous audience to the awful situa- 
tion in which you are placed ; to bring home (as nuich as I 
can) to the mind of every individual present before ine, th^ 
danger of submitting to the rule of] passion ; the necessity 
of repressing every sentiirient— reyery thing that looks like an- 
g r against their n&ighbour, and turning their attention to the 
rule — that great Rule of our Creator — "You shall love your 
neighbour as yourself;" that you shall not meditate any 
wrong against hirei — that, above all, you shall rcgud his lifo 

C 



18 



•s sacred as your own. I do not monn neither by any Ctnrrji" 
that I say to encourage a single idea that you ouiiht at tiiin 
moment to despjiir. 1 address you as nit'ii about lo dio— as, 
men about to l^nter into a new state of I'xi.steiice, anil to staiiJ 
before tlu) judgiuciU scat of God, but as meii^ who [ tru^t, hto- 
ill tlieir hearts Chiistians ; and who conseiincntly are ntxler a 
firm conviction that, tliough they be shortly about to stand 
arrufgiwd before that awful tribunal, tliere also is standing at 
this moin«nt at the right hand of that God an Intercessor on 
your behalf — one that has been in mortal coil like yourselves 
-—one vIm) has been sensible to all the lufirmiiies lo wliich 
human nature is subjected— 'One wIiosd mercy and foelMig» 
were evidvnccd through the whole courje of his life passed 
upon earth, and one who in wonds that cannoi be mistaken^, 
that cannot deceive,, has promised mercy and forgiveness to 
all who shall repent and turn to Christ. Lot mu then advise 
you at the present moment to turn the whole course and ener-^ 
gy of your mhids to that repentance by which alone you caa 
bo saved. Enter into yourselves, and tor the short time that 
remains for you on this earth to dedicate every sentiment^ 
every endeavour rf yaur heart and soul towards obtaining that» 
mercy which will be extended to you if it be sought with sin-, 
ceio repentance. It remains for mo to exercise the severest: 
duty that can fall to the lot of a judge, to pronojnce against 
you that sentence which the law commands this Court to ren- 
der. That sentence is, that you James Suiter, the ehler, b» 
taken from hence to the plarc from whence you came, and 
that on Monday next you be taken fr«m thence to the place of 
execution, to be there hanged by tlw> neck till you are dead». 
^nd when your body shall be dead, that it be taken dowa 
^nd dissected and anatomised. — As to you, William Suiter^ 
jho sentence of the Law is the same, that yo« be taken from 
henco to the place from whence you came, and from thrnce on 
Monday next to the place of execution, and that you be there 
hanged l»y the neck till your body be dead, and when your 
body is dead, that it be taken down and dissected and anato-. 
misjid. — As to you Jamet Suiter younger, the judgment of the 
Law is, that you betaken to the place from whence you came,, 
and from thence on Monday next you be taken to the [dace 
of execution, and that you be there hanged by the neck until, 
your body be dead, and that when your body is dead, it bi* 
taken down and dissected and anatomised. — Prisoners — May 
God have mercy on your souls. 
■"' • -isoacra heard their fato with the same composure thpy 



It^ 



hnd pre!iffrvcJ throu^liOJt the wliole of the trial. Jamei the 
yoiinj|;cr (iri^-oner, alune, shod a few tears, which with his youth 
excited tilt! (-oini)ii>eiaiioi) of the bystandeis. 

Tlic Hon. Cliirf Justice some time after informed the priso- 
ners that tlioy stood res|)iied until Friday. 

Fridai/, 4 April, 1804 

This bring the day appointed for the execution of William 
Suiter, an iinini>nse croud had assemblt.'d in front of the Jail 
by 9 uVlock a. m. and cont'nued to increase until a few mi* 
notes after 10 when the unhappy culprit ajipeared on the plat'' 
form atteiided by the Rev. Dr. llarkne.ss and the Rev. J. 
Clugston. i^Ie appealed to be perfectly resigned to his fato 
and conducted him elf with astonishing firmness. Me is about 
24 years of age, and the crowd appeared to feel for him and his 
siiflerings in the highest degree. After they had arrived on 
the platform the following declaration was read by the Rev. 
Dr. llurkncsst 

Copy of the Coh/ession of Wiltiam Suiter, tlxecutcd tht Ath 

of April, 

•• I do ht't-ehy solemnly declare, in the immediate prospect 
of death, and as I have to answer to Almighty God, at the 
great day of Judgmcnti that on the morning of the sixth day 
of December last^ my mother called on me while in bed, and 
desired me to go after my father, as he had giiWe td the clpar< 
ancu of land concerning which, he and Living Lane were dis-* 
puting, in order to endeavour to prevail upon Lane to desist 
from proceeding in building a log-house on it, and te leave 
the land quietly— that at my mother*s request, 1 rosoj took 
tiiy gun in my hand, as 1 had been in the habit of doing when 
going into the bush^ and proceeded towards the clearance, and 
that on my way thither, I called at my brother James* shanty 
and requested him to accompany me^ which he readily did. 
We did not come up to my father till he had actually entered 
Upon the clearance ; shortly afterwards a good deal of alterca- 
tion took |)lace between my father and Lane, my father insisting 
upon his right to the land/and Lane declaring that he would not 
leave it, but keep possession of it. About half an hour or 
three quarters of an hour after we arrived on the land, Lano 
came forward on the logs which had been piled up three deep 
for the commencement of the intended log-house, and placed 
his left foot on the top of them in a menacing manner, with an 



Bttf-iiiiiiWi 



20 



! 



H ) 



■\^ 



axe in his right hand, in such a way as led me to dread that h€ 

intended to throw it at my father— and on strning my father re-< 
tire or drawback, as ifiliruugli fewrof nhai might happen, I 
immediately discharged my gun with the intent of maiming tiio 
leg on the log, and saving my father's life ; but with no other 
intent whatever, neither iiarbouring malice against the de- 
ceased in my heart, nor having any premeditated mischief 
against him* Had it not been for David Felkcr and Mr* 
Wickstead, I should not now be in my present awful situation. 
But 1 freely fnri^ive them, and all othert who have injured me, 
and pray that God may also forgive. I acknowledge the jus- 
tice of my sentence, thougJi I must persist in declaring with my 
dying breath, that 1 had no intention of killing Lane. I mourn 
bitterly for what I have done, but trust that the widow and 
the orphan will find a friend in God. My father and brother 
are innocent of the crime for which they were coudemned to 
suffer. 

** I publicly confess that I have been a great sinner, and too 
often neglected my religious duties, but the crime for which t 
am about to suflfet is the Only otie of a deep dye of which I 
feel conscious. I return my thanks to the Cli*rgy, the Sheriff 
and Gaoler, &c. for the great sympathy whii h they have 
shewn mo ; and feel particularly grateful to our Counsel, Mr* 
Aylwin, fur his exertions in our cause. I recommend my mo- 
ther and all my dear relations to the mercy and keeping of God, 
and I trust that my untimely fate will be a warning to them and 
all others to guard against and restrain the first risings ofpas-* 
sion, which too often leads, as in the present instrfnce, to fatal 
consequences. 1 die in peace and charity with all men, and 
my only hope of pardon and acceptance with GoiJ, is through 
the merits and meditation of the Lord Jesus Christ, who is my 
strength and roy Redeemer* 



(Signed,; 
Quebec Gaol, 4th April 1834. 



" WILLIAM SUITOR* 



** I do hereby further declare, that as I hare to answer to 
God, 1 did not charge the gun for three quarters of a year before 
I discharged it at Lane ; and I also solemnly declare, that I 
do not know who put in the charge which 1 fired on the me* 
lancboly occasion. 

(Signed,) " WILLIAM SUITER*'* 



1^ ^9m 



21 



*• I fnrll'er d<»el»ire, as ft (lying ninn, ihni ihft bsyrrirt fi tr/! 
ytn the stick, whicli my brntlicr JrinicK had in his hnirl, \r.7>( 
^jroucht from In-hind, nml fixed on the vr-v samn siick» to \Un 
best of my ktiowlcd«:e, afur our troini; to tluj Bush, tln' peo- 
ple having persnadtd us tlifii it wms danfjoroiisio l'o in the* n-ood^i 
tvilhout some VVCiiirOn to defend owrselves, in casQ of nioctin;;; 
Vith wild beasts. 

(Signed,) " WILLlAiM .SUITIJ?. 

After this declaration was read, tlic utihappy ni!piit 
gave the signal and liis 5:pirit went to '* tliat homr from 
which no traveller returns." The arrangonienls miido by i!i(< 
SheriflT were highly judicious niid di<played much sood fcMJiiiL'. 
Instead of the crowd being gratified by the rfivoltiii;^ spcct;i- 
cle of seing a fellow creature in iho last agonies (which how- 
ever in the present instance were not great, nstiio culprit di(>(l 
without a struggle), the boards round the scaHuld were so hi;:ii 
that no part of the body could be seen. 

Tlirt following declarations were prepared by .Tames Suiler, 
Sen. and James Suiter, Jun. the day previous to the cxi-rution, 
In the full conviction that ere 24 hours had ehtpsed tliey would 
be numbered with the dead I 



Last Declaration of Jamr.s Suiter, Senr. 

I do hereby solemnly declare as a man just about to esiier 
into eternity, and as 1 have to answer to God at the great dnv 
t>f Judgment, that on the morning of the 6th December l;i^<, 
the day on which Living Lano unfortunately was shot, I lilV, 
my house about one hour and a hdf before day liijbt alnv., 
took my gun in my hand (:is is the ttsual practice with pen;!! ■ 
going into the Dush) and proceeded to the cioaraiiCe of lin f. 
which I had made on St. Frederick's Ilnngc, P.iri^It ofSu 
Sylvestre, on which I had erected buildings, and from w!iir!i \ 
had taken two crops, and to which t conceived myself lo hTv.i 
the best right, having a written documen' frouj Mr. WirkstPDr!, 
being as follows : " The bearers James Suiter and Thomts 
Hardy may take any number of lots above No. 10 opposito 
Felker's Mill." 

(Signed.) G. W. WICKSTCAD. 

And I further conreived mjrselfto haTP the b«st ririht to •?i'? 
Uod, because I hoV a roccnfjt fri>rn Mr Wirk^ttadt in whit }« 



iMM* 



22 



I 



! 



hA acknowloJgcs the roccipt of nino dollnrs from me on account 
ofninolots, ot'ivliicli Drconr-c I an stipiio^eii ro InvH bi'iMi in 
possession iil llu- limi' Uy .M . Wuk«tt'ii I, nr if nut \.\ p i-^m's- 
sioM of ihu wliolf, to Utvvi tliu power, or ri^lr, or pi>niiis<'iiiit is 
graiilcd tu niu by tliu itfortM n.l d tc i ii.-nl of icki ii; «i;il fiir 
mysolf ill ,iuy rtiuf\t' b'-yond N.i. 10, tlut niMiniiy of hind hhIH- 
cient to iiiiiko up niiic iDti, wliicii wDiild i'(i.:taiii Hll) <i( r»'>— 
wlit^reas Mr. Wicksiru'l dn l;in!<i in a U'.Uvv piibliiilic I in tliu 
Quebuc RIorcnry of tin* Isi ins', iliii *' III' iiovor eavr ih« Sui- 
lers or any of tliom any promiw ritbt-r v«'rbiil or wriiitMi, ex- 
press or inipliud, or any locitmn t ckcM, doed or liibiofany 
land whalsooviT, t'xci'|U tho CJO uvrt'-i of wliich tlry Iviva 
deeds passed befom F. X. Poiisiinl, N. l\, &<•." Now (i 50 
acres aro onjy equal to 7 lots, and \\\t' copy of the letter abovo 
adverted to, addressed to A. JMc Kee, proves beyond power of 
conlrudiction, nolwitb-tiindiiiij Mr. Wicksiead's sironj^ asser- 
tions in bis letter publidied in ibe Mi-rcnry — ibal be had ac- 
tually received nine dollars in part payment of 1) lots. 

But 1 forbear to say any tbin;: fnriberoi tbis^ubject ; these 
are the facts, and I nnbHsiiaiiM|>ly It-ave it with a disrorning 
public to pronounce a verdict, kiiowinu that tbey will do jus- 
tice as they love mercy. As 1 have said, 1 took my gnu in my 
hand and proceeded alone to the clearance with tbo view cer- 
tainly of eudeavourinjfto canso Lane to desist from lakint; for- 
cible possession «d' what I conceived to bu my property, ta 
leave off attempting to erect a loi; bonso and to return home } 
but ( God knows) without the least malice in my heart towards 
him or any foreihou<:hi of evil against him. While therefore 
1 acknowledge the justice of the sentence passed upon inystdf 
and my unforiunale boys, and thank the Jndire for his imparti- 
ality in suni;ring up the evidence against us, and for the feelingf 
manner in which he passed thu sentence of the law, and also 
the Jury for their long and patient consitleration of the evi- 
dence before giving in their ver»lir,t, (which 1 believe was a 
verdict according to conscience) yet I must declare that the 
crime of Murder was never cither contemplated or perpetra- 
ted by any of us. 

I leave my best blessing with my hst farewell to my dear 
wife and my dear children. The grace of our Lord Jesus 
Christ be with you all and rest with you all in righteousness, 
justice, wisdom and truth. Seek God early, it is surely the 
straightway to heaven, God will bless yon by so doing ; serve 
your neighbour at every time j'ou can being either Brother or 
Sister to us all. I die in peace and charity with all men, audi 



2;3 



•^•f 



forglv© all tvho liavo done f vil or wished ««vil Hpainut me, and 
pniiiciiliirlv iIikv inrlixiilnals who h[iv«» ht-j-ii lh«) en mo of now 



lA 



urgivo 



iiiiiU II'' am ; m. inv un\s ti> »'\ 1'.'M<>iii;u!{>iis <it.'nlli. 
th»-iii 1 irnxt wi;h ihf s|'iiil ihit < 'ii S.iviuur forutivo lii;* oiio« 
ui'u's. I iii-vci wi^Iici! t; il to hit',)!! mail, hut Mumibly ac« 
kiiitvvh'ilui' iiiid liiiiifnl ihcit I liiivt* too oitcniy si!inp(l, wickedly 
(diiiird iii/'iiti^t my lioly iiml hi) ivi>iily (''aihci, othrrwisio I am 
|u;i».iM<lt (I he lit vrr wxiild hiivo i.i\<'ii miiif «Miciiii<'s micIi pow* 
IT iiviT iiH' (n 111 liiiii^; nil iiitu my [irtxiit (li'iiloniliU'sltiiation, 
O! be it \(Mir >iii'Iv, ii y (Inir \vi|i' iiinl « liilditii, to piay earn- 
cmIv ior rt'|u'iit;iiu-i,' .tixl loriiivcncss lor them as well as your- 
8(>lvt.'>. Mind liio Lord and liu will lu-rp you upon that hua- 
vt'iily iiiid .stiaiL'ht P'lth \vhi( h IimiIuiIi to tli<! laud ot'iipriglilness, 
1 thank Aliiiiulity (iod lor all hi.^ uiuU'Sfrvcd mercies. lain- 
cerely thank tin? Cli'i ijv, iho Shtriflr, tho CJniiler, Jtc. for their 
griM tsyiitpathy ami unwearied attention, and I request Mr. Ayl< 
will t » accept the host thanks of a man in my situation can 
olTi-r, for his able and /ealoiiit proftssional service!*. My hope 
U alone in God ihruuj.di the merits of my Redeemer. I trust 
through the ellicacy of his peace-speaking' blood which is ablu 
to cleanse from all >\n, I hliallyet sieo Uoirs face in mercy. 

JAMES SUITER, Senr, 



(Signed,; 
Quebec Goal, April 4 1831. 



ar 

MIS 

Ihe 

\vo 

I or 

ni 



Last declaration of James Suiter, Jun. 

I do hereby solemnly derlarc as 1 have to answer God at tho 
Great day of Jud>;nient, that on the morning of the 6th Dec. 
hist, my l]rother William called at my shanty and told mo that 
lie was poiii|; after his father, w ho had goru to the clearance iu 
dispute between Livinjr Lane, and asked me to accompany him, 
that I did so immediately, but wc did not come up with him 
till he had entered the isaid clearance — That my Father did 
not call on mo in parsing — that a warm dispute or high words 
passed between my Father and I/?>oe, , MvT^Uher mentioned 
that he ha}><a:t?gjlil tc^ t:lI&Tnntl.:£Ctvl{iliSi| h^Uould not suffer 
any perM)ti*'j<>ials?';pji)vS<»si*n:of fhfcla*il(J;*wliTch he was con* 
scions of r'l^ht IJHongefl, and^f* wJ.ich^hpthn'):} '.been in posses- 
sion for ttiK'ff\ntl:y.hitU'yeftr«,*aii(i frftbi -.ulHcb Jio had taken 
two crops, ''JLtiVA^i'irntionealbdi tliVland was his, and that he 
uasdeicnniiied to ke(>p possession of it. Lane, after we had 
beou about half an hour or three quarters of an bvur on the 



iiMHiMiiMMiUliiMiMiiiMlilM 






■f 



24 



cif tiifliic^, steppiiig forw arc! and placing his leA foot on the Fogs* 
whicli had bcon pih^d threw deep for the conimencpnient of 
a lo<: hoiiso, i\ni\ look wildly or aiijriily ut my failier, whihi he 
lu'M ill liis ritiht hand an HXf. 1 tlieii [XTCPivfd my father 
dr.iw biifU a-i il \o avoid a h!ow aimed ai him, and at liial mo- 
jiit.iit 1 saw VVihiam (ire lh« giiii which shot Lane, that I ve- 
rily believe as I am about to die, William had no iutenlioiii 
whatever of tiiking La»ie*s life, but (»nly of woimding him, so as. 
to prevent him hurtins my father — that I myself had no malice 
ill liiy heart aaaiiist Lane, and that I never pr nieditited the 
uoiiiji him an injury, that I acknowledge we all bad a fair ard 
very impartial trial — that I believe both Judge and Jury acted 
accorJiiig to conscience, and I admit the justice of my sentence. 
I liuncnt exceediiijriy that I have been a great sinner a> d have 
lOi) frequently ue^'lected hiy religious duties, parlic. iarly that 
ofpiiiyer to a throne of Grace : and 1 hope and trust my un- J 
h< ppy fate will ce a warning to others, especially to the young, 
and induce them to mr.ke " celestial wisdom their early only ; ■ 
choice." I freely forgive all who have injured me or wished !:' 
inu ill, and I pray Ironi my heart that God may also forgive if I 
lliem. If 

i die in peace with all men — I sincerely thank the Clergy, ;:t: 
the Slieriif, the Gaoler, &c. for their great kindness and atten- 
tion to me and particularly to Mr. Aylwin for rendering every f il 
ai^-uiaiice in his power as our Counsel. jM 

•• rStiw ill mi!!e innocence I trust ill 

*' 1 bow before thee in the dust, <:|j|i 

** And through n)y Saviour's blood alone itellil 



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*' I look for mercy at thy th 



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rone. 

AMES SU1TF.R, 



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Junr 



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